Sanctions relatively white collar offenders are less

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Sanctions, Relatively White-collar offenders are less likely to go to prison than conventional criminals When they do, it’s shorter Even in some of the most violent/harmful cases an executive was still unlike to go to jail/prison Ford Pinto, Love Canal, Film Recovery Systems Imperial Food company plant fire More likely to obtain reversals or reduced sentences on appeal
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Shorter Prison Sentences Based on research of federal judges in the late 70s, short sentences are given to: Limit harm to the offenders family Provide opportunity to get back to contributing to the community Make it easier to pay victims and make reparations with short sentences
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Sentence Disparities Conflicting data exists on the sentences white-collar offenders receives No centralized data base How to define “class” Differences between the various institutions that may punish Some studies find that high-status offenders are more likely to receive stiff penalties Others do not
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Sentence Disparities Judges seem to agree on the factors involved in sentencing Harm caused, blameworthiness, consequences of the sentence imposed How to resolve conflict between equally valid factors, or how to weigh the factors is less clear Corporate offenders represent a small portion of all criminal defendants (~1%) Less is known as a result
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Fines and Monetary Penalties Fines very common punishments Criminal, civil, and regulatory penalties The purpose of the fine, and where it is directed after collected depends upon the system being used Criminal fines are punishments Not directed to the victim; paid to the state and allocated based on jurisdictional rule Restitution to the victim(s) can be ordered in any case Damages refers to the fines collected from a civil case Compensatory and punitive damages
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Sentencing Corporations The most common sentence is a fine One of the few available penalties Doesn’t specifically target wrong-doers; diffused among innocent parties Fines come out of the same revenue that goes to employees and shareholders How serious could a fine be? Laws limit the amount that can be fined Tend to be considerably less than the harm caused Often become just another “business expense”
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Sentencing Corporations Market or collateral sanctions may also be experienced as a result of official sanctions Shareholder value, for example Probation is also possible Opportunity for a firm to clean up its act, in addition to other conditions My include monetary penalties Must not commit further crimes
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Sentencing Guidelines The adoption of the Sentencing Guidelines hardly influenced the sentencing WCC White-collar offenders still receive sentences closer to the minimum compared to conventional offenders Not designed to deal with sentencing corporations Extra-legal factors are still considered when
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